[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Pages 13428-13430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7449]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 4E3060/R2218; FRL-5357-2]
RIN 2070-AC78


Pesticide Tolerance for 2,4-D

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is extending the tolerance for residues of the herbicide 
2,4-D (2,4-dichlorophenoxyacetic acid) in or on the raw agricultural 
commodity soybeans. The Agency has not completed the regulatory 
assessment of its science findings; therefore, the Agency is extending 
this tolerance for 3 years.

EFFECTIVE DATE: This extension is effective March 27, 1996. The 
tolerance expires on December 31, 1998.

ADDRESSES: Written objection and hearing requests, identified by the 
docket number, [PP 4E3060/R2218], may be submitted to: Hearing Clerk 
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
Washington, DC 20460. Fees accompanying objections shall be labeled 
``Tolerance Petition Fees'' and forwarded to: EPA Headquarters 
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, 
Pittsburgh, PA 15251. A copy of any objections and hearing request 
filed with the Hearing Clerk should be identified by the docket number 
and submitted to: Public Response and Program Resources Branch, Field 
Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
In person, bring a copy of objections and hearing requests to: Rm. 
1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. A copy of 
objections and hearing requests filed with the Hearing Clerk may also 
be submitted electronically by sending electronic mail (e-mail) to: 
[email protected].
    Copies of objections and hearing requests must be submitted as an 
ASCII

[[Page 13429]]
file avoiding the use of special characters and any form of encryption. 
Copies of objections and hearing requests will also be accepted on 
disks in WordPerfect 5.1 file format or ASCII file format. All copies 
of objections and hearing requests in electronic form must be 
identified by the docket number [PP 4E3060/R2218]. No Confidential 
Business Information (CBI) should be submitted through e-mail. 
Electronic copies of objections and hearing requests on this rule may 
be filed online at many Federal Depository Libraries. Additional 
information on electronic submission can be found below in this 
document.

FOR FURTHER INFORMATION CONTACT: By mail: Joanne Miller, Product 
Manager (PM 23), Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 237, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202, 703-305-6224, e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 7, 1996 
(61 FR 4623), EPA issued a proposed rule that gave notice pursuant to 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 
U.S.C. 346a), the Agency proposed to extend until December 31, 1998, a 
tolerance for residues of the herbicide 2,4-D (2,4-
dichlorophenoxyacetic acid) in or on the raw agricultural commodity 
(RAC) soybeans at 0.1 parts per million (ppm).
    There were no comments or requests for referral to an advisory 
committee received in response to this proposed rule.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections with the Hearing Clerk, at the address given above 
(40 CFR 178.20). A copy of the objections and/or hearing requests filed 
with the Hearing Clerk should be submitted to the OPP docket for this 
rulemaking. The objections submitted must specify the provisions of the 
regulation deemed objectionable and the grounds for the objections (40 
CFR 178.25). Each objection must be accompanied by the fee prescribed 
by 40 CFR 180.33(i). If a hearing is requested, the objections must 
include a statement of the factual issue(s) on which the hearing is 
requested, the requestor`s contentions on each such issue, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). A 
request for a hearing will be granted if the Administrator determines 
that the material submitted shows the following: There is a genuine and 
substantial issue of fact; there is a reasonable possibility that 
available evidence identified by the requestor would, if established, 
resolve one or more issues in favor of the requestor, taking into 
account uncontested claims or facts to the contrary; and resolution of 
the factual issue(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32).
    A record has been established for this rulemaking under docket 
number [PP 4E3060/R2218] (including objections and hearing requests 
submitted electronically as described below). A public version of this 
record, including printed, paper versions of electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection from 8 a.m. to 4.30 p.m., Monday through Friday, excluding 
legal holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, Va.
    Written objections and hearing requests, identified by the docket 
number [PP 4E3060/R2218] may be submitted to the Hearing Clerk (1900), 
Environmental Protection Agency, Rm 3708, 401 M St. SW., Washington, DC 
20460. A copy of electronic objections and hearing requests filed with 
the Hearing Clerk can be sent directly to EPA at:
    opp-D[email protected]
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any objections and hearing requests received 
electronically into printed, paper form as they are received and will 
place the paper copies in the rulemaking record which will also include 
all objections and hearing requests submitted directly in writing. The 
official record is the paper record maintained at the address in 
``ADDRESSES'' at the beginning of this document.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligation of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President`s priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant impact on a substantial number of small 
entities. A certification statement to this effect was published in the 
Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: March 13, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.


    2. In Sec. 180.142 by revising paragraph (k), to read as follows,


Sec. 180.142   2,4-D; tolerances for residues.

*      *      *      *      *
    (k) A tolerance that expires on December 31, 1998, is established 
for

[[Page 13430]]
residues of the herbicide 2,4-D (2,4-dichlorophenoxyacetic acid) 
resulting from the preplant use of 2,4-D ester or amine in or on the 
raw agricultural commodity as follows:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Soybeans...................................................          0.1
                                                                        
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[FR Doc. 96-7449 Filed 3-26-96; 8:45 am]
BILLING CODE 6560-50-F